FY 2026 H-1B Cap Alert and TPS Venezuela Update

On March 31, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced the following:

U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

Registrants’ online accounts will display a registration status. For more information, visit the H-1B Electronic Registration Process page.

H-1B cap-subject petitions for FY 2026, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2025, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2026.

An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2026 H-1B cap-subject petition.

Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.

ImLaw attorneys have already reached out to our clients who were selected in this lottery with next steps. For those not selected, please review our blog on alternatives to the H-1B: Alternatives to the H-1B for Students Not Selected in the Lottery • Imlaw. Reach out to the ImLaw team with any questions, we’re here to help: Contact ImLaw in Grand Rapids, MI • Imlaw.
 
Trump Administration’s Termination of TPS Venezuela Postponed by Federal Judge
 
On March 31, 2025, a federal court granted Plaintiff National TPS Alliance et al’s Motion to Postpone the DHS Secretary’s Decision to Vacate Temporary Protected Status (TPS) for Venezuela. This decision effectively postpones the termination of TPS Venezuela, which was set to end on April 4, 2025.
 
ImLaw continues to closely monitor the rapidly changing immigration climate, and we look forward to providing relevant updates to you.